Wilson v. Strange et al (JOINT ASSIGN)
| Betty Wilson |
| Luther Strange, Madison County District Attorney's Office and Robert L. Broussard |
| 2:2014cv01106 |
| October 23, 2014 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Elmore |
| Terry F. Moorer |
| Myron H. Thompson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
74
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: (1) The US Magistrate Judge's 65 Recommendation is ADOPTED; (2) The Plf's 39 Motion for Summary Judgment is DENIED; and (3) The Dfts' 38 Motion for Summary Judgment be GRANTED to the extent it seeks a declaration that Code of Alabama 15-18-200 is not facially unconstitutional but DENIED to the extent it seeks other relief. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/30/2022. (bes, )
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Filing
29
OPINION AND ORDER: Accordingly, it is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 27 ) is adopted. (2) Defendants' Rule 12(b)(1) motion to dismiss (doc. no. 8 ) is granted in part, and denied in part , as stated above and explained in the magistrate judge's recommendation. (3) The claims in Counts I, II, III, and IV that invite the court to review state-court decisions are dismissed without prejudice. (4) Defendants' Rule 12(b)(6) motio n to dismiss (doc. no. 8 ) is denied as to plaintiff's claim in Count I that Alabama's DNA law is facially unconstitutional, and is granted as to her other claims. (5) With the exception of plaintiff's claim in Count I that Alabama� 39;s DNA law is facially unconstitutional, Counts I, II, III and IV are dismissed without prejudice. This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 10/17/2018. (kh, )
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